Iowa Code » Chapter 455B — JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES
Iowa Code

Iowa Code § 455B.191 (2026)

Penalties — burden of proof

✓ current as of July 2026
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1. As used in this section, “hazardous substance” means hazardous substance as defined in section 455B.381 or section 455B.411.

2. Any person who violates any provision of this part 1 of subchapter III or any permit, rule, standard, or order issued under this part 1 of subchapter III shall be subject to a civil penalty not to exceed five thousand dollars for each day of such violation.\n\nTue Dec 09 22:11:03 2025 Iowa Code 2026, Chapter 455B (104, 1) §455B.191, JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES 56\n\n 3. a. Any person who negligently or knowingly does any of the following shall, upon conviction, be punished as provided in paragraph “b” or “c”:

(1) Violates section 455B.183 or section 455B.186 or any condition or limitation included in any permit issued under section 455B.183.

(2) Introduces into a sewer system or into a publicly owned treatment works any pollutant or hazardous substance which the person knew or reasonably should have known could cause personal injury or property damage.

(3) Causes a treatment works to violate any water quality standard, effluent standard, pretreatment standard or condition of a permit issued to the treatment works pursuant to section 455B.183, unless the person is in compliance with all applicable federal and state requirements or permits.

b. (1) A person who commits a negligent violation under this subsection is guilty of a serious misdemeanor punishable by a fine of not more than twenty-five thousand dollars for each day of violation or by imprisonment for not more than one year, or both.

(2) If the conviction is for a second or subsequent violation committed by a person under this subsection, the conviction is punishable by a fine of not more than fifty thousand dollars for each day of violation or by imprisonment for not more than two years, or both.

c. (1) A person who commits a knowing violation under this subsection is guilty of an aggravated misdemeanor punishable by a fine of not more than fifty thousand dollars for each day of violation or by imprisonment for not more than two years, or both.

(2) If the conviction is for a second or subsequent violation committed by a person under this subsection, the conviction is punishable by a fine of not more than one hundred thousand dollars for each day of violation or by imprisonment for not more than five years, or both.

4. Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained under this part 1 of subchapter III, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this part 1 of subchapter III or by any permit, rule, regulation, or order issued under this part 1 of subchapter III, shall upon conviction be punished by a fine of not more than ten thousand dollars or by imprisonment in the county jail for not more than six months or by both such fine and imprisonment.

5. The attorney general shall, at the request of the director with approval of the commission, institute any legal proceedings, including an action for an injunction or a temporary injunction, necessary to enforce the penalty provisions of this part 1 of subchapter III or to obtain compliance with the provisions of this part 1 of subchapter III or any rules promulgated or any provision of any permit issued under this part 1 of subchapter III. In any such action, any previous findings of fact of the director or the commission after notice and hearing shall be conclusive if supported by substantial evidence in the record when the record is viewed as a whole.

6. In all proceedings with respect to any alleged violation of the provisions of this part 1 of subchapter III or any rule established by the commission or the department, the burden of proof shall be upon the commission or the department except in an action for contempt as provided in section 455B.182.

7. If the attorney general has instituted legal proceedings in accordance with this section, all related issues which could otherwise be raised by the alleged violator in a proceeding for judicial review under section 455B.178 shall be raised in the legal proceedings instituted in accordance with this section.

8. Any civil penalty collected by the state or a county relating to the construction of semipublic sewage disposal systems shall be deposited in the unsewered community revolving loan fund created pursuant to section 16.141. [C66, 71, §455B.23, 455B.25; C73, §455B.43, 455B.45, 455B.49; C75, §455B.43, 455B.49; C77, 79, 81, §455B.49] C83, §455B.187\n\nTue Dec 09 22:11:03 2025 Iowa Code 2026, Chapter 455B (104, 1) 57 JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES, §455B.194\n\n C85, §455B.191 86 Acts, ch 1245, §1899A; 88 Acts, ch 1080, §1, 2; 95 Acts, ch 195, §23; 98 Acts, ch 1209, §24; 2002 Acts, ch 1137, §26, 67, 68, 71; 2002 Acts, 2nd Ex, ch 1003, §260, 262; 2009 Acts, ch 133, §154; 2010 Acts, ch 1069, §56; 2011 Acts, ch 97, §5; 2021 Acts, ch 76, §97 Referred to in §29C.8A, 455B.175, 455B.178, 459.603, 459A.502 \n

Notes of Decisions
Cited in 3 cases, 1999–2015 · leading case: State Ex Rel. Miller v. DeCoster, 608 N.W.2d 785 (Iowa 2000).
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State Ex Rel. Miller v. DeCoster, 608 N.W.2d 785 (Iowa 2000). · cites it 22× “De-Coster claims the language of the statute calls for no more than a negligence standard. Such negligence is established, De-Coster concedes, with respect to the knowing over-spray of liquid manure on frozen ground near Sow Unit # 1.”
State Ex Rel. Miller v. DeCoster, 596 N.W.2d 898 (Iowa 1999). · cites it 6× “Iowa Code § 455B.191(1) provides: Any person who violates any provision of part 1 of division III of this chapter or any permit, rule, standard, or order issued under part 1 of division III of this chapter shall be subject to a civil penalty not to exceed five thousand dollars…”
Monroe Branstad v. State of Iowa Ex Rel. Nat. Resource Comm'n & the Iowa Dep't of Nat. Resources, 871 N.W.2d 291 (Iowa 2015). · cites it 2× “As a result of this investigation and fish kill assessment, the DNR prepared a litigation report and made a referral to the attorney general’s office for appropriate enforcement action pursuant to Iowa Code section 455B.191 (2009). On May 11, 2010, Branstad entered into a…”
— Iowa Code § 455B.191(1) — 2 cases
State Ex Rel. Miller v. DeCoster, 596 N.W.2d 898 (Iowa 1999). “Iowa Code § 455B.191(1) provides: Any person who violates any provision of part 1 of division III of this chapter or any permit, rule, standard, or order issued under part 1 of division III of this chapter shall be subject to a civil penalty not to exceed five thousand dollars…”
State Ex Rel. Miller v. DeCoster, 608 N.W.2d 785 (Iowa 2000). “De-Coster claims the language of the statute calls for no more than a negligence standard. Such negligence is established, De-Coster concedes, with respect to the knowing over-spray of liquid manure on frozen ground near Sow Unit # 1.”
— Iowa Code § 455B.191(2) — 1 case
State Ex Rel. Miller v. DeCoster, 608 N.W.2d 785 (Iowa 2000). “De-Coster claims the language of the statute calls for no more than a negligence standard. Such negligence is established, De-Coster concedes, with respect to the knowing over-spray of liquid manure on frozen ground near Sow Unit # 1.”
— Iowa Code § 455B.191(4) — 2 cases
State Ex Rel. Miller v. DeCoster, 608 N.W.2d 785 (Iowa 2000). “De-Coster claims the language of the statute calls for no more than a negligence standard. Such negligence is established, De-Coster concedes, with respect to the knowing over-spray of liquid manure on frozen ground near Sow Unit # 1.”
State Ex Rel. Miller v. DeCoster, 596 N.W.2d 898 (Iowa 1999). “Iowa Code § 455B.191(1) provides: Any person who violates any provision of part 1 of division III of this chapter or any permit, rule, standard, or order issued under part 1 of division III of this chapter shall be subject to a civil penalty not to exceed five thousand dollars…”
— Iowa Code § 455B.191(7) — 1 case
State Ex Rel. Miller v. DeCoster, 608 N.W.2d 785 (Iowa 2000). “De-Coster claims the language of the statute calls for no more than a negligence standard. Such negligence is established, De-Coster concedes, with respect to the knowing over-spray of liquid manure on frozen ground near Sow Unit # 1.”
— Iowa Code § 455B.191(7)(a) — 1 case
State Ex Rel. Miller v. DeCoster, 608 N.W.2d 785 (Iowa 2000). “De-Coster claims the language of the statute calls for no more than a negligence standard. Such negligence is established, De-Coster concedes, with respect to the knowing over-spray of liquid manure on frozen ground near Sow Unit # 1.”
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